基本説明
It includes detailed analysis of important UK and European legislation and decisions, in-depth commentary on the complexities of the Trade Marks Act 1994 and the Madrid Protocol and the CTM Regulation.
Full Description
The Modern Law of Trade Marks is a comprehensive guide on trade mark law enabling practitioners to provide clients with effective advice with the best possible support and authority. It includes detailed analysis of important UK and European legislation and decisions, in-depth commentary on the complexities of the Trade Marks Act 1994 and the Madrid Protocol and the CTM Regulation. All aspects of registered trade marks are included, together with information on applications, registration, protections and infringement. Divided into 7 parts, key topics covered are: Background to the Law; Registered Marks; Passing Off; Civil Proceedings; Customs and Criminal Offences; International Treaties; and the Community Trade Mark.
Contents
Part I - General Introduction;1. Subject-matter and history of the law;Part II - Registered Marks;2. The Comptroller-General and the registry; 3. Representation at the registry;4. Definition of a trade mark; 5. Registrability;6. Conflict with earlier rights; 7. Loss of rights and rectification; 8. The application for registration;9. Procedures after acceptance and after registration;10. Special categories of trade marks; 11. Registered trade marks as property;12. Infringement and protection of well-known marks; 13. Threats; Part III - Passing Off and Miscellaneous;14. Passing off;15. Malicious falsehood, trade libel, defamation and emergency;Part IV - Special Topics;16. Exhaustion of rights;17. The Internet;18. Protected Designations of Origin and Protected Geographical Indications;Part V - Civil Proceedings; 16. Domestic Procedure and Remedies;17. Procedure in the European Court of Justice and Court of First Instance;Part VI - Customs and Criminal Offences;18. Border controls - the domestic procedure and domestic proceedings; 19. Border controls - the European procedure;20. Criminal Aspects of the law of Trade Marks; Part VII - International Treaties; 21. International registration under the Madrid Protocol;22. The Paris Convention and the TRIPS Agreement;Part VIII - The Community Trade Mark; 23. The Community Trade Mark Regulation and its implementation in the UK;24. The Community Trade Mark Regulation: the law relating to trade marks; 25. Applications for Community trade marks; 26. Registration procedure; 27. Maintenance of the Community trade mark and cessation or loss of rights;28. Procedure before the Office;29. Appeals;30. Community collective Marks;31. Proceedings for infringement
